Asked by Linda55600 on 13-12-2023 14:14:57
Question posted in the General Law category relating to Western Cape
what is a court order for costs - is this the same as a judgement against my name
Message from the Lawyer
Posted by Att. Patrick on 13-12-2023 19:25:48
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.
An order for costs is normally given at the same time as the main court order. So a typical court order would read something along the following lines:
The Defendant is ordered to pay the Plaintiff the amount of R10,000The Defendant is ordered to pay interest on the aforesaid amount at the rate of 10% pa from date of judgment to date of final payment. The Defendant is order to pay the costs of this application, on a party / party scale.
So, it is really the JUDGMENT which is entered agaisnt your name, which includes the costs order.
Message from the client
Hi, my former attorney has told me there is a court order against me for costs of an action - we paid the action but the costs still have to be taxed as the Plaintiffs attorney has not taxed costs as yet this is over a year later. i went to court to look at my file and all it say on the cover is settled rule 17(5). but there is no settlement letter in file and the clerk of the court say my attorney should have given me a copy.
would this costs order be a judgement
Message from the Lawyer
Posted by Att. Patrick on 14-12-2023 19:20:51
If there is a court order, that court order is a judgment against you.
It doesn't matter that you've paid the capital amount. There might be interest or costs outstanding.
Until such time as the attorney taxes a bill, there is nothing for you to pay.
If you would like to view the entire answer, you will need to either login or register a FREE account.
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.